Libya Oil Kenya Limited v Joel Kipkorir Siele & another [2021] KEELC 3259 (KLR)
- Court
- Environment & Land Court
- Case number
- 3259
- Citation
- [2021] KEELC 3259 (KLR)
- Decided
- 21 May 2021
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureApplication for reinstatement of orders and amendment of plaintCoramM.C. OUNDO
Holding
The court did not exercise its discretion to reinstate the orders of 6th February 2019 due to the Plaintiff/Applicant's inaction and unreasonable delay.
Facts
The Plaintiff/Applicant sought leave to enjoin Oryx Energies Limited as a 2nd Defendant and amend its plaint, but failed to do so within the stipulated time. The court granted leave to enjoin Oryx Energies Limited and to amend the plaint, but the Plaintiff/Applicant did not comply with these orders.
Issues
- Whether the court should exercise its discretion to reinstate the orders of 6th February 2019
- Whether the Plaintiff/Applicant's delay in complying with the orders was reasonable
Reasoning
The court found that the Plaintiff/Applicant's delay was unreasonable and not premised on justifiable grounds, leading to prejudice to the adverse parties and the intended 2nd Defendant.
Outcome
The Plaintiff/Applicant's application was denied.
Orders
- Reinstatement of orders of 6th February 2019 was denied
- Plaintiff/Applicant shall pay throw away costs to each Defendant of Ksh 20,000/= within 21 days from this date
Remedies
- None
Authorities cited
Legislation (2)
- Civil Procedure Act
- Civil Procedure Rules
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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